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HomeMy WebLinkAbout106-98TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December l v 19 gg To: Parties Decision of following: in Interest and. Others concerned with the the BOARD OF APPEALS in the Application of the Application No.: 106-98 Owner/Applicant: KARSTEN AND JULIE REINEMO Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Linda F. Williams Chairman (Acting) cc: Town Clerk Planning Board Building Commissioner ~• PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING•TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 68 25 Old South Road Parcel 1 Plan Book 17, Page 23, Lot 1 RC-2 Deed Ref. 593/274 At a Public Hearing of the Nantucket Zoning Board of Appeals will be held at 1:00 P.M., Friday, November 20, 1998, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of KARSTEN AND JULIE REINEMO, of P.O. Box 1444, Nantucket, MA 02554, Board of Appeals File No. 106-98, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) and (1). Applicants propose to construct a 1,176+ square-foot building that would be used for the rental, storage and occasional sale of bicycles. There would be a 200+ square-foot retail area. All of the parking and loading zone requirements would be met. The near structure would be located to the rear of the existing single-family dwelling upon the Locus. The Premises is located at 25 OLD SOUTH ROAD, Assessor's Map 68, Parcel 1, Plan Book 17, Page 23, Lot 1. The property is zoned Residential-Commercial-2. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made a favorable recommendation provided there be changes made to the site plan. A letter from the manager of the Wannacomet Water Company, dated November 3, 1998, was on file in which he stated that the project will not have an adverse impact on the groundwater quality and therefore approved of the Application under Nantucket Zoning By-Law §139-12B(3)(a). There were no letters in opposition on file and none expressed at the Hearing. 3. Applicants represent that they have been leasing another piece of property to operate their bicycle rental business from and now wish to move the business to the subject Lot. They propose to rent bicycles only, with a majority of their business entailing delivery of the bicycles to the renter. Applicants will meet all applicable Zoning By-Law requirements, including parking and loading zone provision. 4. Therefore, the Board finds that the grant of the Special Permit would be in keeping with the general purpose and intent of the Zoning By-Law. Some Board members expressed concern about safety issues with renters leaving the property on bicycles after dark on a heavily trafficked road. Applicants agreed to restrict customers from riding off the property after dark. 5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) and (1) to operate a bicycle rental business with storage and warehousing upon the following condition: a. There shall be no riding off of the property by renters on bicycles after dark. Dated : December G ~ 1998 RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DEC 1 0 1998 TIME:~T-`y` Asp}. .~ , ~,LERK:~~~ 4 ~~-~ Linda F. Williams icha 1 J. 0 Mara V ~Z ~_~ Edward Murphy TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, NOVEMBER 20, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: KARSTEN AND JULIE REINEMO BOARD OF APPEALS FILE N0. 106-98 Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law §139-9B(2)(b) and (1). Applicants propose to construct a 1,176+ square-foot building that would ~e used for the rental, storage and occasional sale of bicycles. There would be a 200+ square-foot retail area. All of the parking and loading zone requirements would be met. The new structure would be located to the rear of the existing single-family dwelling upon the Locus. The Premises is located at 25 OLD SOUTH ROAD, Assessor's Map 68, Parcel 1, Plan Book 17, Page 23, Lot 1. The property is zoned Residential-Commercial-2. Dale W. Waine, Chairman THlS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE. FORMATS.: FOR _ ASS~ISTANC~E GALL _ _._ __. _ (.5O~r~~~$=721. ~"--_~ --_ .-- - - - - _. Yl.y~' •' ~-;:• BoA Form 1-89 ~.:' f•'r: ~;n.: NANTUC~T ZONING BOARD OF APPEALS ~ ~ °Z ~ ~ 7 TOWD1 AND CODNTY BIIILDINO D~ NANTIICKET, HA 02554 ~~~ -Q r,/ CABS No E.1L Owner's name(s): Mailing address: ,/~6 ~ 0?~ j~~~r Applicant' s name : sQ~'-'+ '~- Mailing address: S~vvn f~ Location of lot: Assessor's map and parcel number ,~~ street address: ~5 d ~~ .So`u~~^ ~~ ,~ r Registry Land Ct Pla~ $l#:n Bk~ & Pg or Plan Fj.le _~, i~bt ~ Date lot acquired: ~,_/_ Deed Ret~ ~/~ oning district 1Q C= Uses on lot -.commercial :'None _ or MCD?_ - number of: dwellings ~ duple/x~ apartments,- rental rooms- Building date(s): all pre-8/72? or C of O?_ Building Permit appl'n. Nos. Case Nos. all 8oA applications, lawsuits: State fully all zoning relief sought and respective coae seczzvns and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A it Variance, 139-:OA if a Special Permit (and 139-33A if to alter or extend a nancon~'orming use). If apppeal per 139-3~A &-B _ , attach decision or order appealed. OK to attachum . i c~~~ ~~~3 ~ ,6~J ~ ~ C ~ ~ Cr X19 ~! -- Q~~~~~ c~ ~ ~d ~.. ~ ~Q~a-Q ~v~ccv~-~ ic~rleClC C~c~~ ~ Items enclosed as part of .this Application: orderl addendum2 Site plan showing present +planne3 structures Locus map - Floor plans present proposed- elevat ons (HDC aappproved?_). Listings lot area frontage setbacks- GCR parking data RECEIVED Assessor-certifie3 addressee I~t 4 sets ma~lTng labels 2 sets= TOWN CLERK'S OFFICE 200 tee payable to Town of Nantucket proof ' cap' covenant Comr s record to BoA~ rk to sen3ald Cl l k T If NANTUCKET, MA 02554 g om e an appea , as ( I certify that the requested information submitted is substantially N 0 U 0 4 1998 complete and true to th best of my knowledge, under the pains and penalties of erjury. (Attorney/agent a t li A TIME: , c n pp _ SIGNATURE: 3(If not owneX or ownOr's attorney, enclose proof of authority) CLERK: FOR B/oA OFFICE USE /~ Application copies recd: 4l/_ or_ for BoA on~~ ~" by one copy filed with Town Clerk on~~/~y complet)e~~~v one copy each to Planning Bd and Building Dept y_~~~~ $~GO =~• ohoak giYo~ Town Treasurer cn,~/~/~Y aiwfed/~~ . Hearing notice posted~/~/` mailed~~/~I & 2~/ , ~` L~~9L11 Hearing (s) on~_/_ cont' ~a to~~_, _/__,/_ withdrawn?~~_ Decision due by_/~_ made~,~_ tiled TC,J~_ mailed~~_ See related cases lawsuits other DLD SDUTH RDAD r.-:.. r .•: S3B'00'00'E ~`~7r W W :. •~. W W W W W W . ~ i W W W ~' i W W W . 3' . I e ~ :~I- $F W W . 'I. W '. pnrking . I.. t.. ace W w ` I W W W .5.~ I W .. ~rktnp W ~~ e . pi .. ~ . I W deck ~I W _ ' .:.I t~osEn ~' . ~ '~ surtxe •Y HUILDIWG .' I trt76 SF. . n .I ~ ~ 9. :... I _... ....~~s..: ~ . . .. I pa-~king W ~ W lal S ce ., ' W u n ....... W W W ....... ~ n W LDT 1" .y ~ ~:~:::~ )) ::::::1 W I8,~2 SF.W W W W W ::.:..:I W W W ::~,:I W W W W .'.':'I~ W W W W W W W ~~'~':~ W W W W ~i.~r.~ W W W W '' W Y ~' W W tg6'13'33'V FL^OD ZONE X N^TE~ WELL HEAD PR^TECTI^N DISTRICT, THE PROPOSED STRUCTURES ARE L^CATED AS SHOWN At ~~~`~ ~, ~~~~ ~O~ ry APPR^VED~ NANTUCKET BOARD OF APPEALS DATEt FILE NUMBERt PARKING REQUIREMENTS RETAIL 1/200S,F, =1 DWELLING 1/ea, =1 ' EMPLOYEE 1/3eMp, =1 BICYCLE ST^RAGE @ 1/900sf. =1 T^TAL =4 PR^VIDED =4 ^PEN SPACE REQUIRED 20% 18,042 S.F. X 0.2 = 3,608 S.F. ^PEN SPACE PROVIDED = 9,545 S.F. GR^UND C^VER~ EXISTING 770sf. or 4.3% PR^P^SED 1,946sf. or 10.8% LEGENDt ALLOWED 9,021sf. or 50% ~:ru!`?%.,. GRAVEL 4 1 ~..: C^NCRETE or ,:' ASPHALT 6 ,. ` , " GRASS DIRT parking 9x20 s nce Z^NINGt RC-2 MINIMUM L^T SIZEt 5,000 S.F. MINIMUM FR^NTAGEt 40 FT FR^NT YARD SETBACKt20 FT REAR & SIDE SETBACKt 5 FT GROUND C^VER RATI^t 50% PLOT PLAN ^F LAND IN NANTUCKET, MA SCALEt 1'= 40' D~ApTEt OCTSOHB~EGR 7, 1998 NAN~~~KETU MAU025~4 Edai I~Af~STEN REIN~Md ASSESSORS'MAP 68 PARCEL N^. 1 #5991SD ~ ~0 BoA Form -- `I i ~~ NANTUCKET ZONING BOARD OF APPEALS----- TOWN.AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSORS ?,I ST OF PARTIES IN INTEREST -, ocr 2 ~~cs -- ----- c PROPERTY OWNER: }~~r`~-}-ten pe~~-~ APPLICANT FOR RELIEr (SAME? ) ADDRESS OF PROPERTY : ~~~ Q~~ wry ~h (~ ASSESSORS MAP & PARCEL:~~~' . ~ ~ LIST OF PARTIES I~iCLliDING ADDQESSES*(OR SEE ATTACHED ) `0/~3~ g~ Date Assessors Office Town of Nantucket I certify that the foregoing (or the attached ) lists all persons natural or legal, who are owners of abutting property owners of land directly opposite cn any public or private street or way; and abutters of the abutters a:~d all other land owners within three hundred feet of the property line of Owner's property, as they ( and their address) appear on the most recent applicable tax list {per M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2)}. xNOTE: Applicant (petitioner) should include with the lot . for which zoning relief is sought, any com-nonly-ownea abutting lots which might beco:~e involved in the zoninc matter. List rap and parcels for each abutter. '. 10/13/98 TOWN OF NANTUCKET 09:51:35 OWNER'S MAILING ADD RESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/Cit y State Zip Pr operty Loc ation 0068 0002 SANTOS JOAN M PO BOX 131 0027 OLD SOUTH RD SIASCONSET MA 02564 0068 0003 LEICHTER DOROTHY M PO BOX 405 0031 OLD SOUTH RD C/0 SUSAN THURSTON NANTUCKET MA 02554 0068 0004 NICHOLAS SHARON 0033 OLD SOUTH RD 0033 OLD SOUTH RD NANTUCKET MA 02554 0068 0076 STACKPOLE JOHN J & JOAN W 0015 TOMS WAY 0015 TOMS WY PO BOX 398 NANTUCKET MA 02554 0068 0077 SKOKAN DAVID & JOANNE PO BOX 2210 0020 TOMS WY NANTUCKET MA 02584 0068 0078 MCLEAN ANNA E PO BOX 923 0023 OLD SOUTH RD NANTUCKET MA 02554 0068 0258 PACIFIC NATIONAL BANK 61 MAIN ST 0002 AMELIA DR NANTUCKET MA 02554 0068 0246 PACIFIC NATIONAL BANK 61 MAIN STREET 0021 OLD SOUTH RD NANTUCKET MA 02554 0068 0245 NANTUCKET BANK 104 PLEASANT ST 0001 AMELIA DR NANTUCKET MA 02554 0054 0046 *NANTUCKET TOWN OF 0016 BROAD ST 0001 MILESTONE RD WATER COMMISSION NANTUCKET MA 02554 0067 0436 NANTUCKET BANK 104 PLEASANT ST 0003 AMELIA DR NANTUCKET MA 02554 0067 0435 GLIDDEN RICHARD J TR PO BOX 35 0005 AMELIA DR ROY BARRET TR NANTUCKET MA 02554 0067 0434 GLIDDEN RICHARD J TR PO BOX 35 0007 AMELIA DR ROY BARRET TR NANTUCKET MA 02554 0067 0433 WEBSTER DAVID E JR PO BOX 2460 0009 AMELIA DR NANTUCKET MA 02584 0067 0446 ISLAND GROUP LLC 6 AMELIA DRIVE 0006 AMELIA DR NANTUCKET MA 02554 0067 0445 MAYO KAREN PO BOX 147 0008 AMELIA DR NEW CASTLE NH 03858 0067 0444 ISLAND GROUP LLC 6 AMELIA DRIVE 0010 AMELIA DR NANTUCKET MA 02554 0067 0443 GLIDDEN RICHARD J TR PO BOX 35 0012 AMELIA DR ROY BARRET TR NANTUCKET MA 02554 0067 0045 RULEY CATHERINE 100 SARATOGA AVE 0016 TOMS WY BURLINGTON VT 05401 0067 0044 RULEY MARGARET ANN PO BOX 703 0018 TOMS WY NANTUCKET MA 02554 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 20